judy.legal
Login Register

CAPT. DANIEL NIKYI V. THE REPUBLIC

(2010) JELR 69740 (CA)

Court of Appeal  •  COURT MARTIAL APPEAL NO.2/2009  •  28 Jan 2010  •  Ghana

Coram
QUAYE JA (PRESIDING), ABODAKPI J., ARYENE (MRS) J.

Judgement

ABODAKPI, J

The application which triggered the preliminary objection, which is the issue before this court is entitled.

MOTION ON NOTICE FOR EXTENSION OF TIME WITHIN WHICH TO APPLY FOR LEAVE TO APPEAL

The motion paper showed that, applicant is praying for an order for extension of time to apply for leave to appeal. The reason assigned in support is that the appeal stands a good chance of success.

AND EXHIBIT AD1’, attached, showed that diligent efforts were made to secure a copy of the RULING given on 6th August 2009, and that applicant was not negligent.

At the hearing counsel for the Republic/Respondent argued that appellant/applicant’s right of appeal had not accrued. He referred to section 90 of the Armed Forces Act, Regulation 4 of the Armed Forces [Court Martial Appeal Court] Regulations and Regulations 4(1) of the Rules of Court (Court Martial Appeal Court).

Counsel submitted that the combined effect of the rules is that an applicant/applicant has (90) ninety days as the prescribed …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login